When a person dies leaving money in a bank account, prize bonds in a locker, shares in a company, or a national savings certificate, the bank or institution holding those assets will not simply hand them over to whoever claims to be the heir. It asks for proof — and the proof it asks for is a succession certificate: a court-issued document that identifies who is entitled to collect the deceased person's debts and securities, and gives the bank legal protection for paying them.

This guide explains when a succession certificate under Part X (Sections 370 to 390) of the Succession Act, 1925 is the right route, how it differs from the NADRA route this website has already covered in a separate FAQ, and what to put in your application. It ends with a complete, ready-to-adapt court draft with `[BRACKETED BLANKS]` for your own details, followed by FAQs and a bottom-line summary.

What Is This Document and When Is It Used?

A succession certificate is a document granted by the District Judge that certifies who is entitled to receive the debts and securities of a deceased person. It is used to collect things like:

  • Bank balances (savings accounts, current accounts, fixed deposits)
  • Prize bonds and National Savings certificates
  • Shares in companies and other corporate securities
  • Debentures, government securities, and profit-bearing deposits
  • Any other money owed to the deceased that counts as a "debt" or "security" under Section 370 of the Succession Act

The certificate itself does not decide who owns the property in any final, title-deciding sense; its legal effect (under Section 381 of the Act) is narrower and very practical: it is conclusive against the people who owe the debts or hold the securities, and it gives them full indemnity (complete legal protection) for paying or dealing with the person named in the certificate in good faith. That is exactly why banks insist on it — with the certificate in hand, they can pay out without fear of being sued by another heir later.

Two important limits, from Section 370:

  • A succession certificate cannot be granted for a debt or security where the right must be established by probate of a will or letters of administration (Sections 212 and 213 of the Act). In practice this means the certificate route is for debts and securities where no probate or administration is required — and it is not the document used to transfer immovable property (houses, plots), which is handled through a separate declaration or inheritance process.
  • The word "security" is defined in Section 370(2) and covers promissory notes, debentures, government stocks, shares in companies, securities issued by local authorities, and any other security notified in the official gazette.

Who Can Apply for a Succession Certificate?

An application under Section 372 of the Act may be made by any person who has a claim to the debts or securities — in practice:

  • A legal heir of the deceased (spouse, children, parents, or other relatives entitled under the law of inheritance applicable to the deceased)
  • A person having a beneficial interest in the debt or security — someone with a genuine financial stake in the estate's debts or securities
  • A person with an interest in the estate of the deceased more broadly

What matters is that you can show a real connection to the debts and securities named in the application. The petition must state "the right in which the petitioner claims" (Section 372(1)(d)) — that is, whether you apply as a legal heir, as one of several heirs on everyone's behalf, or in some other capacity.

Which Court Do You Apply To?

Section 371 of the Succession Act, 1925 fixes the court:

The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time he had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate under this Part.

In plain language:

  1. Normal rule: file before the District Judge of the district where the deceased ordinarily resided at the time of death. (The District Judge is the senior-most civil judge of a district.)
  2. Fallback rule: if the deceased had no fixed place of residence at the time of death, file before the District Judge of the district where any part of the deceased's property is located.

Filing in the wrong court is a common reason applications stall, so confirm the deceased's last ordinary residence first.

Court Route or NADRA Route: Which One Fits Your Case?

NADRA runs a succession facilitation route under the Succession (Facilitation) Rules — this site already has a FAQ on how the NADRA route works, which is generally faster when the family is united and the estate is straightforward. The court route under the Succession Act is the right alternative when:

  • There is a dispute among the heirs about who is entitled, or about shares — NADRA's route does not resolve contested claims; a court does.
  • The debts or securities fall outside NADRA's scope — high-value or complex securities portfolios, or assets where the holding institution specifically requires a court certificate.
  • The deceased's assets include items that NADRA cannot certify, or the family needs a certificate covering only certain debts or portions of debts (Section 372(3) allows an application "in respect of any debt or debts... or in respect of portions thereof").
  • An heir is unavailable, abroad, or cannot complete NADRA's biometric process.
  • You need the court's independent determination and the certificate's statutory indemnity effect for institutional payers.

Choose the route that fits the facts. If the family agrees and the estate is simple, the NADRA route may be quicker; if anything is contested or outside NADRA's scope, the court route is the safer and legally sounder choice.

Before You File: Key Points to Know

  1. Your petition is signed and verified like a plaint. Section 372 requires the application to be made by a petition "signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908, for the signing and verification of a plaint." (A plaint is the written statement filed to start a civil suit.) Take the verification seriously: if the petition contains an averment the verifier knows to be false, the Act says the verifier is deemed to have committed an offence under Section 198 of the Pakistan Penal Code.
  2. You must list six sets of particulars. Section 372(1) requires: (a) the time of the deceased's death; (b) the deceased's ordinary residence at the time of death (or, if it falls outside the court's jurisdiction, the property within those limits); (c) the family or other near relatives and their residences; (d) the right in which you claim; (e) that there is no impediment under Section 370 or any other law to the grant; and (f) the debts and securities the certificate is sought for. Leave none of these out.
  3. The court publishes a notice before deciding. On receiving the application, the District Judge fixes a date for hearing and issues a proclamation — a public notice inviting anyone with objections to come forward. This protects other heirs and gives the court a chance to hear competing claims.
  4. The court can ask you to furnish security. Under Section 375, the Judge may require the person receiving the certificate to give security (a bond or surety) — a financial guarantee that protects other claimants.
  5. The certificate can be amended, extended, or revoked. If a debt was missed, the certificate can be extended to include it. If it was obtained by fraud, or turns out to be defective, it can be revoked under Section 383 — for example, where the proceedings were defective in substance, the certificate was obtained fraudulently by making a false suggestion, or it was obtained by concealment of a material fact.
  6. An appeal lies against the order. Section 384 provides a right of appeal from the District Judge's order, so a refused or contested applicant is not left without a remedy.
  7. Court fee is ad valorem. The petition carries an ad valorem court fee — a fee calculated as a percentage of the value of the debts and securities named in the certificate — under the Court Fees Act schedule. Legal guides commonly quote it at around 3% of that value, but rates sit in the provincial schedule and can be revised, so always confirm the exact figure at your district court's stamp office before paying.

Documents to Attach

Gather these before you visit the court:

  1. Death certificate of the deceased (from NADRA or the union council)
  2. CNIC of the deceased (if available) and CNICs of the applicant and all legal heirs
  3. Family Registration Certificate (FRC) from NADRA, showing the family tree and proving heir status
  4. Proof of the debts and securities — bank account numbers with branch details and latest balances, prize bond numbers and denominations, share certificates or CDC account statements, National Savings certificates
  5. Death certificate of any heir who died before or after the deceased, if relevant
  6. Affidavits of any heirs giving their no-objection (useful where one heir applies on behalf of all)
  7. Court fee — paid through the court fee challan or stamp as directed by the district court

The Draft: Application for Succession Certificate

The text below is a complete, fill-in-the-blank petition under Sections 371–372 of the Succession Act, 1925. Replace every `[BRACKETED ITEM]` with your own facts, adjust the number of heirs and assets as needed, and have it settled by an advocate before filing — court staff reject sloppily prepared petitions, and the particulars in Section 372(1) are mandatory.

IN THE COURT OF THE LEARNED DISTRICT JUDGE, [NAME OF DISTRICT]
Succession Petition No. [____] of 20[__]
[FULL NAME OF APPLICANT], son/daughter/wife of [FATHER'S/HUSBAND'S NAME], resident of [COMPLETE ADDRESS], holder of CNIC No. [____________] … Petitioner
VERSUS
1. [FULL NAME OF RESPONDENT NO. 1, e.g. the Branch Manager, (BANK NAME), (BRANCH ADDRESS)] 2. [FULL NAME OF RESPONDENT NO. 2, if any other debt-holder] … Respondents

PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER SECTION 372 OF THE SUCCESSION ACT, 1925

Respectfully Sheweth:

  1. That [FULL NAME OF DECEASED], son/daughter/wife of [FATHER'S/HUSBAND'S NAME], holder of CNIC No. [____________] (if available), died on [DATE OF DEATH] at [PLACE OF DEATH, e.g. Jinnah Hospital, Lahore]. The death certificate issued by [NADRA / UNION COUNCIL, with number and date] is attached as Annex-A.
  2. That the deceased, at the time of his/her death, was ordinarily residing at [COMPLETE LAST ADDRESS OF DECEASED], which falls within the territorial jurisdiction of this Honourable Court.
  3. That the deceased was domiciled in Pakistan and died [intestate, i.e. without leaving any will / leaving a will which does not affect the debts and securities mentioned below — DELETE AS APPLICABLE]. There is no impediment under Section 370 of the Succession Act, 1925, or under any other provision of law, to the grant of the certificate prayed for.
  4. That the following debts and securities stood in the name of the deceased at the time of his/her death, and are due and outstanding:
No.Description of Debt / SecurityHolder / InstitutionAmount / Value (Rs.)
1Savings Account No. [______], [BANK NAME], [BRANCH][BANK NAME][AMOUNT]
2Prize Bonds, denominations [______], numbers [______]State Bank of Pakistan / [DEALER][FACE VALUE]
3[___] shares of [COMPANY NAME], CDC/Folio No. [______][COMPANY / CDC][MARKET VALUE]
4[ANY OTHER DEBT OR SECURITY][HOLDER][AMOUNT]

Total value: Rs. [____________] 5. That the deceased is survived by the following legal heirs, whose names, relationship, and residences are given below:

No.NameRelationship to DeceasedResidenceCNIC No.
1[NAME][e.g. Widow][ADDRESS][CNIC]
2[NAME][e.g. Son][ADDRESS][CNIC]
3[NAME][e.g. Daughter][ADDRESS][CNIC]
4[NAME][e.g. Mother][ADDRESS][CNIC]

The Family Registration Certificate issued by NADRA is attached as Annex-B. 6. That the petitioner applies in the right of [a legal heir of the deceased, being his/her (RELATIONSHIP) / a person having beneficial interest in the debts and securities described above — DELETE AS APPLICABLE]. [IF APPLICABLE: The other legal heirs have no objection to the grant of the certificate to the petitioner, and their affidavits of no-objection are attached as Annex-C.] 7. That the debts and securities described in paragraph 4 are within the jurisdiction of this Honourable Court / are situated at [PLACE], and no previous application for a succession certificate in respect of these debts and securities has been made or granted. 8. That the petitioner undertakes to furnish such security as this Honourable Court may require under Section 375 of the Succession Act, 1925.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

  • (a) grant a Succession Certificate under Part X of the Succession Act, 1925, to the petitioner in respect of the debts and securities described in paragraph 4 above, with powers to receive interest/dividends and to negotiate/transfer the securities [DELETE OR ADAPT AS APPLICABLE]; and
  • (b) grant any other relief this Honourable Court deems just and proper in the circumstances.

VERIFICATION

Verified at [CITY] on this [__] day of [MONTH], 20[__], that the contents of paragraphs 1 to [__] of this petition are true and correct to my knowledge, and the contents of paragraphs [__] to [__] are true to my information and belief, and nothing material has been concealed therefrom.

[SIGNATURE OF PETITIONER] [FULL NAME OF PETITIONER]

Through Counsel: [NAME OF ADVOCATE], Advocate High Court, [CHAMBER ADDRESS]

AFFIDAVIT

I, [FULL NAME OF APPLICANT], son/daughter/wife of [FATHER'S/HUSBAND'S NAME], resident of [COMPLETE ADDRESS], holder of CNIC No. [____________], do hereby solemnly affirm and declare on oath as under:

  1. That I am the petitioner in the above-titled succession petition, and I am fully conversant with the facts of the case.
  2. That the contents of the accompanying petition are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
  3. That [FULL NAME OF DECEASED] died on [DATE OF DEATH], and I am his/her legal heir, being his/her [RELATIONSHIP].
  4. That the debts and securities described in the petition stood in the name of the deceased at the time of his/her death and remain outstanding.
  5. That no other application for a succession certificate in respect of these debts and securities is pending before any court, and no certificate has previously been granted.

DEPONENT

Verification: Verified on oath at [CITY] on [DATE] that the contents of this affidavit are true and correct to my knowledge and belief.

[SIGNATURE OF DEPONENT]

Identified by: [NAME OF ADVOCATE], Advocate

How to Use This Draft

  1. Fill in every blank — do not leave a `[BRACKET]` in the filed copy; delete paragraphs and annexure references that do not apply to your case.
  2. List every heir, even non-cooperative ones. The court will issue notices to all near relatives; omitting an heir is the fastest way to get the certificate revoked later under Section 383.
  3. Attach the proof. File the death certificate, FRC, CNICs, and account/share documents with the petition — courts routinely return petitions filed without them.
  4. Pay the court fee per the district court's stamp office before filing, and keep the challan receipt with your file.
  5. Appear for the proclamation hearing. After the public notice is issued, attend on the fixed date with your advocate; if nobody objects, the court typically proceeds to grant the certificate.
  6. Collect, then present. Once granted, present the certificate to each bank or institution named in it; under Section 381 they are legally protected in paying you.

Frequently Asked Questions

Q: What is the difference between a succession certificate and a letter of administration? A: A: A succession certificate covers only debts and securities of the deceased — bank money, shares, bonds — and is granted under Part X of the Succession Act, 1925. Letters of administration (or probate, where there is a will) cover the entire estate, including immovable property, and involve a fuller administration process. If the estate includes a house or plot that must be transferred, a certificate alone will not do.

Q: Can I get a succession certificate for the deceased's house or plot? A: A: No. The Succession Act's Part X certificate is restricted to debts and securities. Immovable property is transferred through the inheritance/mutation process before the revenue authorities (and, where titles are disputed, through a declaration suit). Do not include land in a Section 372 petition — the court will reject it.

Q: How much court fee do I have to pay? A: A: An ad valorem (value-based) court fee applies, calculated on the value of the debts and securities named in the certificate, under the Court Fees Act schedule. It is commonly quoted at around 3% of that value, but the exact rate sits in the provincial schedule and can change — confirm it at your district court's stamp office and keep the paid challan.

Q: How long does the court route take? A: A: It depends on the court's workload and whether anyone objects. Uncontested petitions commonly conclude within a few months; contested ones, where heirs dispute shares, take longer because the court must hear the objections. The proclamation stage alone requires time for the public notice to run.

Q: What if another heir objects to my application? A: A: The court hears the objection on the fixed date. Genuine disputes over who is an heir or what shares apply are examined by the Judge — this is precisely the situation where the court route is superior to NADRA's. If the objection is frivolous, the court can overrule it and proceed.

Q: What if the bank still refuses to pay after I show the certificate? A: A: A succession certificate gives the bank full indemnity under Section 381 for paying the holder, so refusal after a valid certificate is shown is rare. If it happens, send a written demand through your advocate citing the certificate; persistent refusal can be challenged before the Banking Mohtasib or through a civil suit for recovery.

Q: Can the certificate be cancelled after it is granted? A: A: Yes. Under Section 383, the court may revoke a certificate where the proceedings were defective in substance, where it was obtained fraudulently by false suggestion or concealment of a material fact, where it was obtained by an untrue allegation of a fact essential in law, where it has become useless and inoperative through circumstances, or where a later probate or administration grant requires it. This is why full disclosure of all heirs and assets matters.

Q: Is there an appeal if the District Judge refuses my application? A: A: Yes. Section 384 of the Succession Act provides a right of appeal against the District Judge's order, which is heard by the higher court. The limitation period and forum follow the law of appeals applicable in your province — your advocate will advise.

Q: Can I apply for only part of the debts — say, just one bank account? A: A: Yes. Section 372(3) expressly allows an application "in respect of any debt or debts... or in respect of portions thereof." You can seek a certificate for selected debts now and apply separately for the rest later. ## The Bottom Line A succession certificate under the Succession Act, 1925 is the court route to unlocking a deceased person's bank balances, shares, bonds, and other debts and securities. It is filed by petition before the District Judge where the deceased last ordinarily resided, lists every debt, every heir, and the right you claim under — and once granted, it compels institutions to pay you with full legal protection for doing so. Where the family is united and the estate simple, the NADRA route this site has already explained may get you there faster. But where heirs disagree, assets are complex, or an institution demands a court order, the Section 372 petition is the legally sound path — and the draft above gives you the complete structure to start it. Get the particulars right, disclose every heir, and let an advocate settle the final copy before you file. This article provides general legal information for readers in Pakistan and is not legal advice. Court procedures, fees, and forms vary by district, so consult a qualified advocate before filing.

The Bottom Line

This article provides general legal information for readers in Pakistan and is not legal advice. For advice about your own situation, consult a qualified advocate.